AB68-ASA2-AA6,50,2323 4. The first Monday in September.
AB68-ASA2-AA6,50,2424 5. The 4th Thursday in November.
AB68-ASA2-AA6,50,2525 6. December 25.
AB68-ASA2-AA6,51,1
17. The day before if January 1, July 4, or December 25 falls on a Saturday.
AB68-ASA2-AA6,51,22 8. The day following if January 1, July 4, or December 25 falls on a Sunday.
AB68-ASA2-AA6,51,83 (d) 1. Except as provided in subd. 2., “prevailing wage rate" for any trade or
4occupation engaged in the erection, construction, remodeling, repairing, or
5demolition of any project of public works in any area means the hourly basic rate of
6pay, plus the hourly contribution for health insurance benefits, vacation benefits,
7pension benefits, and any other bona fide economic benefit, paid directly or indirectly
8for a majority of the hours worked in the trade or occupation on projects in the area.
AB68-ASA2-AA6,51,189 2. If there is no rate at which a majority of the hours worked in the trade or
10occupation on projects in the area is paid, “prevailing wage rate" for any trade or
11occupation engaged in the erection, construction, remodeling, repairing, or
12demolition of any project of public works in any area means the average hourly basic
13rate of pay, weighted by the number of hours worked, plus the average hourly
14contribution, weighted by the number of hours worked, for health insurance benefits,
15vacation benefits, pension benefits, and any other bona fide economic benefit, paid
16directly or indirectly for all hours worked at the hourly basic rate of pay of the
17highest-paid 51 percent of hours worked in that trade or occupation on projects in
18that area.
AB68-ASA2-AA6,51,2119 (em) “Single-trade project of public works" means a project of public works in
20which a single trade accounts for 85 percent or more of the total labor cost of the
21project.
AB68-ASA2-AA6,52,222 (f) “State agency" means any office, department, independent agency,
23institution of higher education, association, society, or other body in state
24government created or authorized to be created by the constitution or any law,
25including the legislature and the courts. “State agency" also includes the University

1of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System
2Authority, and the Wisconsin Aerospace Authority.
AB68-ASA2-AA6,52,73 (fm) “Supply and installation contract" means a contract under which the
4material is installed by the supplier, the material is installed by means of simple
5fasteners or connectors such as screws or nuts and bolts, and no other work is
6performed on the site of the project of public works, and the total labor cost to install
7the material does not exceed 20 percent of the total cost of the contract.
AB68-ASA2-AA6,52,88 (g) “Truck driver" includes an owner-operator of a truck.
AB68-ASA2-AA6,52,11 9(1m) Applicability. Subject to sub. (3g), this section applies to any project of
10public works erected, constructed, repaired, remodeled, or demolished for the state
11or a state agency, including all of the following:
AB68-ASA2-AA6,52,1412 (a) A project erected, constructed, repaired, remodeled, or demolished by one
13state agency for another state agency under any contract or under any statute
14specifically authorizing cooperation between state agencies.
AB68-ASA2-AA6,52,1815 (b) A project in which the completed facility is leased, purchased, lease
16purchased, or otherwise acquired by, or dedicated to, the state in lieu of the state or
17a state agency contracting for the erection, construction, repair, remodeling, or
18demolition of the facility.
AB68-ASA2-AA6,52,2119 (c) A sanitary sewer or water main project in which the completed sanitary
20sewer or water main is acquired by, or dedicated to, the state for ownership or
21maintenance by the state.
AB68-ASA2-AA6,53,18 22(2) Prevailing wage rates and hours of labor. Any contract made for the
23erection, construction, remodeling, repairing, or demolition of any project of public
24works to which the state or any state agency is a party shall contain a stipulation that
25no individual performing the work described in sub. (2m) may be allowed to work a

1greater number of hours per day or per week than the prevailing hours of labor,
2except that any such individual may be allowed or required to work more than such
3prevailing hours of labor per day and per week if he or she is paid for all hours worked
4in excess of the prevailing hours of labor at a rate of at least 1.5 times his or her hourly
5basic rate of pay; nor may he or she be paid less than the prevailing wage rate
6determined under sub. (3) in the same or most similar trade or occupation in the area
7in which the project of public works is situated. The notice published for the purpose
8of securing bids for the project must contain a reference to the prevailing wage rates
9determined under sub. (3) and the prevailing hours of labor. Except as otherwise
10provided in this subsection, if any contract or subcontract for a project of public works
11that is subject to this section is entered into, the prevailing wage rates determined
12under sub. (3) and the prevailing hours of labor shall be physically incorporated into
13and made a part of the contract or subcontract. For a minor subcontract, as
14determined by the department, the department shall prescribe by rule the method
15of notifying the minor subcontractor of the prevailing wage rates and prevailing
16hours of labor applicable to the minor subcontract. The prevailing wage rates and
17prevailing hours of labor applicable to a contract or subcontract may not be changed
18during the time that the contract or subcontract is in force.
AB68-ASA2-AA6,53,24 19(2m) Covered employees. (a) Subject to par. (b), any person subject to this
20section shall pay all of the following employees the prevailing wage rate determined
21under sub. (3) and may not allow such employees to work a greater number of hours
22per day or per week than the prevailing hours of labor, unless the person pays for all
23hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times
24the employees' hourly basic rate of pay:
AB68-ASA2-AA6,54,2
11. All laborers, workers, mechanics, and truck drivers employed on the site of
2a project of public works that is subject to this section.
AB68-ASA2-AA6,54,83 2. All laborers, workers, mechanics, and truck drivers employed in the
4manufacturing or furnishing of materials, articles, supplies, or equipment on the site
5of a project of public works that is subject to this section or from a facility dedicated
6exclusively, or nearly so, to a project of public works that is subject to this section by
7a contractor, subcontractor, agent, or other person performing any work on the site
8of the project.
AB68-ASA2-AA6,54,169 (b) A laborer, worker, mechanic, or truck driver who is employed to process,
10manufacture, pick up, or deliver materials or products from a commercial
11establishment that has a fixed place of business from which the establishment
12supplies processed or manufactured materials or products or from a facility that is
13not dedicated exclusively, or nearly so, to a project of public works that is subject to
14this section is not entitled to receive the prevailing wage rate determined under sub.
15(3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours
16worked in excess of the prevailing hours of labor unless any of the following applies:
AB68-ASA2-AA6,54,2117 1. The laborer, worker, mechanic, or truck driver is employed to go to the source
18of mineral aggregate such as sand, gravel, or stone and deliver that mineral
19aggregate to the site of a project of public works that is subject to this section by
20depositing the material directly in final place, from the transporting vehicle or
21through spreaders from the transporting vehicle.
AB68-ASA2-AA6,54,2522 2. The laborer, worker, mechanic, or truck driver is employed to go to the site
23of a project that is subject to this section, pick up excavated material or spoil from
24the site of the project of public works, and transport that excavated material or spoil
25away from the site of the project.
AB68-ASA2-AA6,55,3
1(c) A person that is subject to this section shall pay a truck driver who is an
2owner-operator of a truck separately for his or her work and for the use of his or her
3truck.
AB68-ASA2-AA6,55,19 4(3) Investigation; determination. (a) Before a state agency issues a request
5for bids for any work to which this section applies, the state agency having the
6authority to prescribe the specifications shall apply to the department to determine
7the prevailing wage rate for each trade or occupation required in the work under
8contemplation in the area in which the work is to be done. The department shall
9conduct investigations and hold public hearings as necessary to define the trades or
10occupations that are commonly employed on projects that are subject to this section
11and to inform itself of the prevailing wage rates in all areas of the state for those
12trades or occupations, in order to determine the prevailing wage rate for each trade
13or occupation. The department shall issue its determination within 30 days after
14receiving the request and shall file the determination with the requesting state
15agency. A state agency that has contracted for a project of public works subject to this
16section shall post the prevailing wage rates determined by the department, the
17prevailing hours of labor, and the provisions of subs. (2) and (6m) in at least one
18conspicuous place on the site of the project that is easily accessible by employees
19working on the project.
AB68-ASA2-AA6,56,220 (am) The department shall, by January 1 of each year, compile the prevailing
21wage rates for each trade or occupation in each area. The compilation shall, in
22addition to the current prevailing wage rates, include future prevailing wage rates
23when those prevailing wage rates can be determined for any trade or occupation in
24any area and shall specify the effective date of those future prevailing wage rates.

1If a project of public works extends into more than one area, the department shall
2determine only one standard of prevailing wage rates for the entire project.
AB68-ASA2-AA6,56,113 (ar) In determining prevailing wage rates under par. (a) or (am), the
4department may not use data from projects that are subject to this section, s. 66.0903,
5103.50, or 229.8275, or 40 USC 3142 unless the department determines that there
6is insufficient wage data in the area to determine those prevailing wage rates, in
7which case the department may use data from projects that are subject to this
8section, s. 66.0903, 103.50, or 229.8275, or 40 USC 3142. In determining prevailing
9wage rates under par. (a) or (am), the department may not use data from any
10construction work performed by a state agency or a local governmental unit, as
11defined in s. 66.0903 (1) (d).
AB68-ASA2-AA6,56,2012 (b) Any person may request a recalculation of any portion of an initial
13determination within 30 days after the initial determination date if the person
14submits evidence with the request showing that the prevailing wage rate for any
15given trade or occupation included in the initial determination does not represent the
16prevailing wage rate for that trade or occupation in the area. The evidence shall
17include wage rate information reflecting work performed by individuals working in
18the contested trade or occupation in the area during the current survey period. The
19department shall affirm or modify the initial determination within 15 days after the
20date on which the department receives the request for recalculation.
AB68-ASA2-AA6,57,921 (c) In addition to the recalculation under par. (b), the state agency that
22requested the determination under this subsection may request a review of any
23portion of a determination within 30 days after the date of issuance of the
24determination if the state agency submits evidence with the request showing that
25the prevailing wage rate for any given trade or occupation included in the

1determination does not represent the prevailing wage rate for that trade or
2occupation in the city, village, or town in which the proposed project of public works
3is located. That evidence shall include wage rate information for the contested trade
4or occupation on at least 3 similar projects located in the city, village, or town where
5the proposed project of public works is located on which some work has been
6performed during the current survey period and that were considered by the
7department in issuing its most recent compilation under par. (am). The department
8shall affirm or modify the determination within 15 days after the date on which the
9department receives the request for review.
AB68-ASA2-AA6,57,10 10(3g) Nonapplicability. This section does not apply to any of the following: